Service Order 36

Digital Photograph Procedure

This procedure is a guide for those members of staff within the Gloucestershire Fire and Rescue Service (GFRS) who are involved with the capture, retrieval and storage of digital images as part of the enforcement of legislation, or in the process of fire investigation (FI)/accident investigation (AI) where the images may be required as evidence in a court of law.

This procedure does not cover images taken for any other purpose.

In line with Home Office guidance the Service is required to safeguard collected images, to ensure their integrity is not in question if they are presented in court.

The following information deals with the handling and storage of digital images captured on a GFRS issue stills camera only and excludes video images.

This procedure has been adapted from the Home Office publication Digital Imaging Procedures v 2.0 November 2007. For further information regarding digital imaging, read the Home Office publication.

Note:This procedure is only necessary where there may be a potential prosecution. If images are taken for training purposes or for FI/AI reports and are not going to be used as evidence, this procedure does not apply, however,if in doubt use this procedure for the capture, retrieval and storage of digital images.

  1. Forms to be completed
  • the photographic log form (Appendix A)
  • master CD audit form (Appendix B)
  1. Relevant documents
  • Fire Safety P&G Notes 25 Seizure of Articles and 26 Legal Proceedings
  • FS119b Fire Investigation Stage 2 Report
  • FS8c Major Accident Investigation form
  • Service Order 029 Regulation of Investigatory Powers Act 2000 RIPA.
  • Service Order 020 Fire Investigation
  1. Procedure for all Staff prior to taking images

3.1Preparation

Digital image cameras are increasingly used by authorised staff, for example Fire Safety Enforcement Officers and Fire Investigation/Accident Investigation Officer’s , who are not specialist photographers. Compliance with an established procedure will assist in safeguarding the captured images.

If in doubt as to the final use of any images taken, follow this procedure and discuss any issues with your Line Manager.

The procedure requires preliminary steps be taken before images are captured. This may be directly before the images are taken, or at an earlier stage where work is expected.

Preliminary steps identify the importance of:

  • obtaining relevant authorisations
  • starting an audit trail at the earliest opportunity when it is known that images are to be captured
  • checking equipment, either routinely or before taking images.

3.2Obtaining Authority

All staff are given authority by virtue of their role within the Service, for example Fire Safety Enforcement Officers and Fire Investigation/Accident Investigation Officers are empowered to capture images for the purpose of their job. Obtaining authority is not necessarily required for each operational task.

Where digital images are required to be taken as evidence for Directed Surveillance, where authority is required under the Regulation of Investigatory Powers Act 2000 refer to Service Order 029 Regulation of Investigatory Powers Act 2000 (RIPA).

Prior to the taking of images that are to be used as evidence, a Code B Notice under the Police and Criminal Evidence Act (PACE) must be issued to the responsible person. Refer to Fire Safety P&G Note 25 Seizure of Articles for details.

3.3Continuity and Audit Trail

Safeguarding the integrity of images is very important. The process involves a written audit trail being started at the earliest stage of an investigation.

This procedure relies on a written audit of activities and should commence at the time of capturing any images and includes:

  • date and time of action
  • details of investigation
  • description of pictures
  • downloading data
  • the creation and defining of a master copy
  • any access to the master copy
  • any copying, ensuring the longevity of the data
  • viewing of the master copy
  • use of the master copy in court
  • disposal of all copies.

3.4Check of Equipment

The correct operation of equipment is essential in gathering evidence. Checks are made to ensure that:

  • operator adjustable settings are made appropriately
  • time and date settings are correct
  • adequate supplies of recording media are available
  • any media protection settings will not prevent recordings being made
  • batteries are fully charged.

If the captured media is re-writable (camera SD cards), then cards should be formatted in the camera they are to be used in, prior to deployment. This ensures all previous data is removed.

3.5Photographic Log

Cases may be taken to court several years after the initial investigation and the court may question whether the individual has an accurate memory of the context of the images.

In some cases someone else may have to present the case in court and their awareness of what the images represent may be called into question. Therefore, it is necessary as part of the audit trail to complete a brief photograph log simply stating the exact location, position of the camera shot (e.g. view from the rear door entrance).

  1. Procedurefor Fire Safety Enforcement Officersand Fire Investigation Officers(FIOs)

As an FIO you should be aware of this procedure in the very rare event that images you have taken may be needed for evidence.

It is anticipated that where you suspect deliberate ignition/arson a joint investigation by the fire service and the police will take place. All investigative photographs should be taken by the police who have their own procedures. Refer to Service Order 020 Fire Investigation.

Fire Safety Enforcement Officers must ensure a Code B Notice is issued to the responsible person before photographic images are taken for evidential purposes, refer to Fire Safety Policy and Guidance Notes 25 Seizure of Articles and 26 Legal Proceedings for details.

Take the necessary images and detail them in the photographic log form (Appendix A). Number each image in consecutive order 1, 2, 3 and so on and detail within the contemporaneous notes. Once completed, the log must be signed and dated.

Once taken the images may be viewed on the cameras screen but not on any device that allows editing. Do not delete any images, disclosure rules require that all evidence is disclosed either as used or unused material.

As soon as the officer has returned from the scene they must sign and date Section A of the master CD audit form (see Appendix B) stating the settings were correct at the time the camera was used and hand the camera to the CAD operator.

  1. Procedure for CAD Operator

5.1Production of Master/Copy Disc

Upon receiving camera from the officer sign and date Section A of the master CD audit form. The entry must be witnessed.

Download the images from the camera to a master CD using the stand-alone card reading machine which must not be attached to a computer as soon as possible.

Write the images to the master disc, enter the details, sign and date Section B of the master CD audit form (see Appendix B) to state that the settings were correct at the time of downloading.

Using a non-solvent based permanent CD marker pen to label the top surface of the master CD (label side) with the following details:

  • Master disc or Copy disc as appropriate.
  • Incident number or premises ID (where known).
  • Address of incident or premises.
  • Fire Safety Enforcement Officer’s or Fire Investigation Officer’s name (printed) and signature.
  • Date of incident.
  • Time of incident.
  • Working copy (No 1, 2, 3 and so on as appropriate).

Complete the self-adhesive label and seal the master CD within a plastic wallet, along with the following and place in the safe:

  • original master CD audit form (Appendix B)
  • original photographic log form (Appendix A)

The safe keys will be held in the key box in the Control Room. The officer-in-charge of the Control Room will be responsible for placing articles into/removing articles from the safe and will sign Appendix B Section B to ensure continuity of evidence.

Keep the working copy disc(s), with a set of layout prints and a copy of the following as part of the prosecution file pending possible prosecution:

  • the photographic log form (Appendix A)
  • master CD audit form (Appendix B)

Keep the case files, discs and associated logs and forms as secure as possible. Should the images be requested by the court, the judge and jury will need to be satisfied that the images and associated forms and logs could not have been tampered with.

The cameras memory card must be re-formatted to erase any images and returned to the sender. When the images on the camera are simply deleted from the memory card, further images taken and stored on the card may not be read properly.

Therefore, the memory card must be reformatted after every use, rather than deleting the stored images.

5.2Enhanced Images on working copy CDs

It may be necessary to enhance images through your PC for analysis, for example, changing the contrast on images to improve details not seen clearly at the scene.

If any enhancements are necessary, transfer a copy of the master disc images onto the computer hard disk. Use software to enhance the images as required. The images are then written to a new disc, identified as a working copy (No 2, 3 and so on as appropriate).

Use graphics or imaging software installed on a computer to copy images from the master disc to the computer hard disk.

Edit Images on the hard disk by using the same graphics or image editing software.

Limit changes to the original image to enhancements for greater clarity such as changing contrast or brightness.

Avoid changes that alter the apparent physical characteristics of objects in the image, such as changing the apparent dimensions of objects in the image, or adding objects to the image.

Use a non-solvent based permanent marker pen to label the top surface of the CD with the following details:

  • Incident number or premises ID (where known).
  • Address of incident or premises.
  • PC name (printed) and signature.
  • Date of incident.
  • Time of incident.
  • Enhanced working copy (No 2, 3 and so on as appropriate).

It is necessary to keep a brief log outlining the changes to the original images made in the working copy, the working copy may be called as evidence at a later date, or another individual may be required to present the evidence.

Once enhancements have been made to images and stored on the working copy disc, the master CD audit form (Appendix B) should be completed; signed and dated.

5.3Retention of master and working copy CD’s and associated forms/logs

Retain master and working copy discs, the master CD audit form and photographic log for the duration of any legal proceedings or subsequent sentence, bearing in mind the possibility of retrials, civil claims or appeals.

(Appendix A)

Gloucestershire Fire and Rescue Service

Photographic Log Form

Photographer Name: GFRS Service Number:

Address: Incident Number/Property Reference:

Photograph Number / Date
dd/mm/yy / Time
(00:00) / Location / Scene/Subject / View
001
002
003
004
005
006
007
008
009
010
011
012
013
014
015
016
017
018
019
020
021
022
023
024
025
026
027
028
029
030
031
032
033
034
035
036

Note:Sketch location plan on the reverse side and indicate the direction of views.

Any photographs should be developed immediately, numbered, signed and dated.

(Appendix B)

Gloucestershire Fire and Rescue Service Master CD Audit Form

Address: Incident Number/Property Reference:

Section A

Incident Address / CFRMIS File Reference Number / Camera handed from Officer to CAD Operator Time/Date / Date and Time Master CD Created / Signature Officer/Date
(Confirm camera settings were correct) / Signature CAD Operator/Date

Section B

Master CD Placed in Safe / Master CD Removed from Safe / Date/Time / Reason / Signature of Authorised Person Removing Master CD / Signature of Witness

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